The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1887-03-30
Important Decision i'm a Pen
sion Case.

Bertha B. Clark of Middlesex applied
for pension as a dependent mother of
a soldier killed in the army, and died
before a pension was granted. Her
husband, the father of the soldier, then
applied for and was granted a pension,
payable from the filing of his applica-
ton in the pension office. He then ap-
piled to the pension Office to be allowed
to complete his wife's claim and to be
reimbursed for the expenses of her last
sickness and burial, under section AIS
of the Revised Statutes, which pro-
vides that if no widow or minor child
survive, mo payment whatsoever shall
be made or allowed, except so much as
may be necessary to reimburse the per-
son who bore the expenses of the last
sickness and burial of the deceased, in
cases where she did not leave sufficient
assets to meet expenses" His appli-
cation for reimbursement was denied by
the commissioner of pensions on the
ground that as he was the husband of
the deceased it was his legal duty to
pay such expenses. He then filed the
following appeal in the department of
the interior: Montpelier, VT, July
II, 1SS5.-Hon, Secretary Of the IN
terror: Sir-Your appellant, George
Clark of MiddleseX, VT, respectfully
represents that he is a pensioner as a
dependent father of Osman G.. Clark,
late of Company b, Tenth Vermont
Volunteers. That the mother of said
soldier died on the Goth day of Deem
Der, 1888. At the time of her death
she had claim pending in the pension
office. Your appellant asked permits
sion of the pension office to complete
said claim and to be allowed sum
sufficient to pay the expenses of the
last sickness and burial of the decedent
from the accrued pension, but the COM
missioner of pensions decided that your
appellant was not entitled to reimburse
ment under the provisions of section
AIS of the Revised Statutes. Now
comes the said George Clark, by his
attorney, T. j. Deavitt of Mont
pelier, VT, and appeals to your de-
partment, and says that injustice has
been done him by such adverse action,
because such action is contrary to law.
1t is not in accordance with the estab-
lished practice of the pension office
approved by your department. This
decision of the pension office treats
relative of pensioner far worse than a
stranger, conclusion not authorized by
law. The law reimburses the person
without regard to his relation or legal
obligation to the pensioner, The right
is without condition, except that the
pensioner did not leave sufficient as
sets to meet such expenses. The action
of the pension Office in this case was
not based on that clause of the statute,
for it had already been adjudicated by
that office that this family was depend
ent upon the son soldier for support
This action of the pension office
is in effect reversing its own action
in the same case. There is another
feature that might be urged in con-
sidering this case-that is, the hus-
band of pensioner is as near
relative as a wife of a pensioner; and
by another section of the statute the
widow takes the pension entire, while
widower of pensioner is to be treated
worse than stranger to the pensiouer."
The decision of the pension office has
been reversed by the secretary of the
interior and the pension office is now
proceeding to adjudicate the amount
that shall be paid Mr., Clark.